Form Dir 5 For Surrender Of Din

DIN or Director Identification Number is required for any person who is a director or partner of a company or LLP registered in India. Hence, during the

company registration or LLP incorporation process, after obtaining digital signature for the proposed director or partner, DIN is obtained. In some cases, DIN is wrongly obtained for person already having a DIN. In this article, we look at the procedure for surrender of DIN in such cases.

Surrender of DIN

DIN is tied to PAN or Passport number of the applicant and each person is allowed to obtain one DIN as per rules and regulations. Hence, prior to applying for a DIN, its important for the applicant to verify if he/she has been allotted a DIN by verifying the DIN database. Know

how to search for DIN. During the DIN registration process as well, procedure has been put in place by the Government to prevent duplicate DIN generation by verifying against the PAN database. However, in rare cases, a duplicate DIN may be generated inadvertently. For such cases, the Government has recently introduced Form Dir 5 For Surrender Of Din.

Procedure for Filing Form DIR-5

Any person wishing to surrender a DIN can file Form DIR-5 with the MCA. In Form DIR-5 the following information must be provided by the applicant:

Any DIN Number held by the applicant
Reason for surrender of DIN
Whether DIN holder is retaining any DIN
Number of DIN(s) being surrendered by the applicant
DIN Number to be surrendered
Digital signature of the person surrendering the DIN.
In the following cases, the another related person can also sign Form DIR-:
- Form DIR-5 can also be filed or digitally signed by a relation of the person if the DIN holder has passed away or has been declared as a person of unsound mind by a competent court or the person has been adjudicated as insolvent.

Documents Required for Surrender of DIN

The following documents must be filed by the applicant along with Form Dir 5 For Surrender Of Din.

Proof of Identity

Identity proofs like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card must be submitted.

Proof of Address

Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar card in the name of applicant.

In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.

Optional Attachments

In case a DIN is surrendered because a person is declared as insolvent or of unsound mind, then the court order must be attached. In case of surrender of DIN due to death of the person, then copy of death certificate must be attached. In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.

Digital Signature of Professional

Form DIR-5 must finally be signed by any of the following professional:

Chartered Accountant in whole time practice
Company Secretary in whole time practice
Cost Accountant in whole time practice.

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Frequently Asked Questions

Common questions about Surrender of DIN in India: Form DIR.

A DIN or Director Identification Number is a unique identification number assigned by the Ministry of Corporate Affairs (MCA) to individuals who are directors or partners of companies or LLPs registered in India. It is mandatory for every director or partner to obtain a DIN before being appointed.

The primary reason for surrendering a DIN would be if an individual has been allotted multiple DINs inadvertently, as each person is only allowed to have one DIN. In such cases, the person must surrender the duplicate DIN(s) and retain only one valid DIN.

Before applying for a new DIN, individuals should check the DIN database maintained by the MCA to verify if they have already been allotted a DIN. This can be done by searching the database using their PAN or passport number, as DIN is linked to these identities.

To surrender a DIN, the individual must file Form DIR-5 with the MCA, providing details such as the DIN(s) to be surrendered, the reason for surrender, and proof of identity and address. The form must be digitally signed by the individual or a designated professional.

Yes, in certain cases, a relation of the DIN holder can file Form DIR-5 on their behalf. This includes situations where the DIN holder has passed away, been declared of unsound mind by a court, or been adjudicated as insolvent.

The documents required to be submitted with Form DIR-5 include proof of identity (e.g., Aadhaar card, PAN card), proof of address (e.g., utility bills, passport), and any relevant court orders or certificates (in case of insolvency, unsound mind, or death).

Form DIR-5 must be digitally signed by the individual surrendering the DIN or, in specific cases, by a designated professional such as a Chartered Accountant, Company Secretary, or Cost Accountant in whole-time practice.

Yes, a DIN can be surrendered even if the holder is currently a director or partner in a company or LLP. However, it is advisable to first resign from those positions before surrendering the DIN.

The article does not mention any specific time limit for surrendering a duplicate DIN. However, it is recommended to take action promptly after becoming aware of the duplicate DIN to avoid any potential legal complications.

Once a DIN is successfully surrendered, the individual will no longer be associated with that DIN number. They should retain the remaining valid DIN and use it for any future appointments as a director or partner in companies or LLPs registered in India.